Judicial Prosecutors Exceeding Authority in Oversight of Notaries and Conservators
A recent law, Ley N.º 21.772, has transferred the oversight function for notaries, conservators, and judicial archivists from Court of Appeals ministers and letter judges to the judicial prosecutors of the respective Courts of Appeals. While these prosecutors are granted specific legal powers, it has come to light that some are overstepping their authority. Specifically, certain judicial prosecutors have instructed notaries, conservators, and judicial archivists to register on the Sernac Provider Portal. This directive is problematic because these legal professionals do not qualify as providers, and registration is not even mandatory for those who do. The author argues that this requirement lacks legal basis and is indicative of similar overreaching actions. The principle of legality dictates that all authorities must operate within their legally defined powers. Therefore, similar to how the Comptroller General of the Republic has addressed officials exceeding their mandates, it would be appropriate for the Supreme Court, as the superior supervisory body, to investigate and rectify these instances of exceeding established fiscalization powers.
The transition of oversight responsibilities under Ley N.º 21.772 presents a case study in the practical application of new legal frameworks. The core issue identified is the potential for administrative overreach, where newly empowered officials may interpret their mandates broadly, leading to actions unsupported by statutory law. This situation highlights the importance of clear regulatory guidance and robust internal oversight mechanisms within judicial and administrative bodies to ensure adherence to the principle of juridicality. As AI systems become more integrated into legal and administrative processes, ensuring that their outputs and the instructions derived from them remain strictly within legally defined parameters will be crucial. The Supreme Court's potential intervention underscores the hierarchical structure designed to correct such deviations, promoting a more predictable and lawful administrative environment. Future reforms should consider explicit definitions of scope and robust appeal processes to prevent similar administrative misinterpretations.
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